MSPB: What is the difference between an "Adverse Action" and a "Disciplinary Action"?

March 03, 2007
By
The Law Offices of Eric L. Pines, PLLC

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A question folks frequently ask when contacting my Firm is an explanation
of the difference between a “disciplinary action” or an “adverse
action”.

A “Disciplinary Action” is a suspension of 14 days or less,
written letter of reprimand, or oral counseling. Aside from truly egregious
misconduct, an Agency will usually propose a disciplinary action before
taking more serious steps. Disciplinary actions lay the groundwork for
Agencies to successfully take an adverse action. In most Agencies, bargaining
unit employees can challenge disciplinary actions through their negotiated
grievance process or through the Agency’s grievance process. Supervisors
and non-bargaining unit employees may challenge disciplinary actions through
the Agency’s grievance process (if the Agency actually has one).
No disciplinary action is appelable to the MSPB.

Adverse actions are suspensions of 15 days or more, downgrades, demotions,
and removals. (Constructive actions – constructive suspension or
removal, involuntary resignation or retirement may be adverse actions,
but more on that another day). All adverse actions are appealable to the
MSPB – so long as the employee has MSPB appeal rights.

If you are not sure if you have MSPB Appeal Rights, or if you would like
to speak to an MSPB attorney about a proposed disciplinary or adverse
action, contact the Law Offices of Eric L. Pines, PLLC today.

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